(1) Substitution if the Claim is not Extinguished. If a party dies and the claim is
not thereby
extinguished, the court may order substitution of the proper partiesparty. TheA motion for
substitution may be made by any party or by the successors or representatives of the
deceased party and, together with thedecedent's successor or representative.notice of
hearing, shall be served on the parties as provided in Rule 5 and upon persons not parties
in the manner provided in Rule 4 for the service of a summons, and may be served in any
judicial district. Unless If the motion for substitution is not made
not later than ninetywithin
90 days after the death is suggested upon the record by service of a
statement of the fact ofnoting the death as provided herein for the service of the motion, the
action shallby or
against the decedent may be dismissed as to the deceased party.

(2) Continuation Among the Remaining Parties.In the event of the death
of one or more
of the plaintiffs or of one or more of the defendants in an action in whichAfter a
party's
death, if the right sought to be enforced survives only to or against the
surviving plaintiffs
or only against the surviving defendants, the remaining parties, the action
does not abate,
but proceeds in favor of or against the remaining parties. The death shall be
suggested uponmust be noted on the record and the action shall proceed in favor of or against
the surviving
parties.

(3) Continuation After Judgment.AfterIf a party dies
after a verdict is rendered or an order
for judgment is made in any action, such, the action
shalldoes not abate by the death of any
party, but the case shall proceed thereafter in the same manner as in cases where the cause
of action survives by law, and substitution of parties shallmust be allowed as in other cases.

(4) Service. A motion to substitute, together with a notice of hearing, must be served on
the
parties as provided in Rule 5 and on nonparties as provided in Rule 4. A statement noting
death must be served in the same manner. Service may be made in any judicial district.

(b) Incompetency. If a party becomes incompetent, the court uponmay, on motion,served
as provided in subdivision (a) of this rule may allowpermit the action to be
continued by or
against histhe party's representative or guardian.
orThe court may, on motion or on its
own, appoint a guardian ad litem for that purposefor the party.
The motion must be served
as provided in Rule 25(a)(4).

(c) Transfer of Interest. In case of any transfer ofIf an interest
is transferred, the action may
be continued by or against the original party, unless the court
upon, on motion, directs the
person to whom the interest is transferredthe transferee to be substituted in the
action or
joined with the original party. Service of theThe motion shall
be mademust be served as
provided in subdivision (a) of this ruleRule 25(a)(4).

(d) Substitution of successor to public officerPublic Officers; Death
or Separation from
Office. If An action does not abate when a public officer
who is a party to an action in an
official capacity and during its pendency dies, resigns, or otherwise ceases to
hold office,while the action does not abate and theis pending. The
officer's successor is automatically
substituted as a party. Proceedings following the substitution mustLater
proceedings should
be in the substituted party's name of the substituted party, but any
misnomer not affecting
the parties' substantial rights of the parties must be disregarded.
AnThe court may order of
substitution may be entered at any time, but an omission to
enter the absence of such an
order does not affect the substitution.

EXPLANATORY NOTE

Rule 25 was amended, effective March 1, 1990; ____________.

Rule 25 is identical to Rule 25, FRCivP, except for style changes; the addition to
subdivision (a) of the third paragraph concerning a death after verdict or order for judgment;
specification in subdivision (b) that the action may be continued by a guardian or guardian
ad litem rather than a representative, as in the federal rule; substitution of a different title or
heading for subdivision (d); and deletion of subdivision (d)(2) [effective July 1, 1981]. The
deleted subdivision (d)(2) which provided that whenever a public officer sues or is sued has
been deleted and is now a part of Rule 10(a)derived from Fed.R.Civ.P. 25.

Rule 25 was amended, effective _______________, in response to the December 1,
2007,
revision of the Federal Rules of Civil Procedure. The language and organization of the rule
were changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules.

Subdivision (d) was amended, effective March 1, 1990. The amendment is technical in
nature and no substantive change is intended.